Gilbert Vasquez - Page 36

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               5.   Petitioner has obtained a document, supplied                      
                    by Respondent showing the word Document on                        
                    it, although mis-spelled, at or near the time                     
                    Petitioner claims documents were supplied to                      
                    the Fresno service center.                                        
               6.   Petitioner requested depositions to be                            
                    authorized by this Court to examine the word                      
                    document, and or the absence of it and the                        
                    use and recollection of statements made by                        
                    IRS reps to Petitioner’s Counsel.  This                           
                    request was denied.  Petitioner instead was                       
                    forced on relying on Respondent obtaining                         
                    statements regarding this mis-spelled word in                     
                    Petitioner’s transcript.  [Reproduced                             
                    literally.]                                                       
               We have searched in vain for “a document, supplied by                  
          Respondent showing the word Document on it, although mis-                   
          spelled”.  Based on notes of telephone conferences the Court held           
          with counsel for the parties, we surmise that petitioner intends            
          to refer to stipulated Exhibit 3-J, “a transcript of petitioner’s           
          2002 tax account, entitled ‘IMF MCC Transcript - Specific’.”                
          Based on these notes, we further surmise that the item petitioner           
          intends to refer to is the following:                                       
               290 07282003  0.00  200329 93254-999-05099-3                           
          HC3 ARC-002-071      INTD        PC                                         
          CORRESPONDDT-      CREDIT DT-                                               
          REFUND STATUTE CONTROL DT-                                                  
          AMD CLMS DT-      CIS MF IND-O                                              
          CSED-                                                                       
               In his answering legal memorandum petitioner asserts as                
          follows:                                                                    
               Petitioner has submitted documentation indicating he                   
               has submitted proof orally as well as in writing.                      
               Respondent has claimed that the misspelled word                        
               document on Petitioner’s file has no basis, to the fact                
               Petitioner submitted documents, while not showing                      





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